Planning (Community Right of Appeal)

Richard Graham Excerpts

Tuesday 20th January 2015 Westminster Hall

[Anne Marie Morris]

That is an interesting point. Clearly, the devil will be in the detail, once this proposal is properly worked up. In a way, however, the hon. Lady leads me on to my next point, which is this: for this appeal system to work, we must define what a community is. For me, a community will be something like a ward, or a neighbourhood as defined under Localism Act 2011, but it also needs to be the people in an area who will be truly impacted by a development. I do not have a precise solution, but that is a way forward.

Clearly, there must be weight, and therefore a percentage of the community that feels strongly about an issue. There cannot just be nimbyism, so there has to be quite a high threshold before a planning appeal can be triggered.

[Richard Graham (Gloucester) (Con)]

My hon. Friend is the champion of communities and we are all grateful to her for securing this debate. On the specific point of a community right of appeal, does she agree that one aspect that councils and therefore the Department for Communities and Local Government should look at is situations in which a council has already listed something as being an asset of community value but then decides to give a developer permission to do something that effectively destroys that asset? Does she agree that that is entirely contradictory, and that we need to include consideration of such situations in a community right of appeal?

[Anne Marie Morris]

I strongly support that suggestion and it would be an excellent addition to the list of things that might be considered.

If the appeal mechanism is to be effective, it must be easy to use, low in bureaucracy and cheap. However, it cannot be beyond the wit of the Government to come up with a set of forms and a formula that will make it accessible to communities. I also believe that there are communities, community groups and charities out there that will be more than happy to put forward proposals for support.

--- Later in debate ---

[Brandon Lewis]

That is not what I said; I said it could go ahead of it and lead. There can be a neighbourhood plan where a local plan is not necessarily adopted and finished, so it can move ahead. It obviously has to fit with the local plan—it might need to be reviewed down the line—but if an area is getting on with a neighbourhood plan, it does not necessarily need to wait for the local plan. In some areas there have already been planning decisions. I point my hon. Friend to case law in relation to Coates road in Devizes, where a planning appeal decision was made, backing up a neighbourhood plan that had not yet been to referendum.

There has been overwhelming support for neighbourhood planning. So far in referendums, an average of 87% of voters have said yes to a neighbourhood plan or an order, on an average turnout of 33%. That means that local people are directly involved. The NPPF clarifies that early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties. Good quality pre-application discussions enable better co-ordination between public and private resources, as well as improved outcomes for the community.

We have been determined to make the planning system more accessible to everybody through the publication of the NPPF and by simplifying the system—moving away from documents and often complex, repetitive technical guidance found in 230 separate documents and 7,000 pages. We have moved to the NPPF, which has just 50 pages, dropping away from the more than 1,300 pages of sometimes impenetrable jargon in 44 separate documents. We now have the NPPF with 50 readable pages. That is making the planning system easier to navigate for everybody.

Interested parties already have statutory rights to contribute their views as well—at each step of the process in the production of the local plan or, as I outlined, even more directly in the neighbourhood plan, as well as at the planning application stage and in response to any appeal by the applicant against a local authority decision. Interested parties can raise all issues that they are concerned about at each stage of the process, in the knowledge that the decision maker is required to have regard to their views in making a decision.

The existing right of appeal recognises that, in practice, the planning system acts as a control on how an individual may use their land. As a result, the Government believe it is right that an applicant should have the option of an impartial appeal against the refusal of planning permission. The existing right of appeal compensates for the removal of an individual’s right to develop.

We do not, at this stage, support the proposal for a community right of appeal; this would create a further opportunity to challenge development proposals in a system that is already geared towards ensuring that the views of third parties are heard and understood.

[Richard Graham]

On the point that I raised with my hon. Friend the Member for Newton Abbot, will the Minister clarify something about assets of community value? Once an asset has been listed as of community value, is it appropriate or inappropriate for a council then to give permission to a development that would inevitably mean the destruction of that asset?

[Brandon Lewis]

My hon. Friend knows that I cannot comment on any particular case, although I appreciate that he was not talking about a specific case. These things sometimes come down to specific cases. Obviously, listing an asset of community value gives protection—potentially, if an asset is to be sold or changed—for six months so that the local community can come together to consider acquiring it. However, it does not move to the next stage of stopping somebody from developing, changing or using that property should the community not be able to come together. The listing of an asset of community value gives the opportunity to pause the sale for six months so that the necessary capital can be raised, but it does not necessarily stop it ad infinitum and was never designed to.

[Richard Graham]

rose—

[Brandon Lewis]

I see that my hon. Friend wants to intervene again.